The Allahabad High Court has said in an important order that it is not enough to hold the breasts of the minor victim, tearing the lower part of her pajamas and trying to draw her down from the culvert. This decision of the single bench of the Allahabad High Court has now come into the limelight. It is being discussed a lot on social media.
It is noteworthy that a court in Kasganj summoned two accused Pawan and Akash under Section 376 (rape) of IPC and Section 18 of Poxo Act. The accused were accused of attempting to rape a minor. The incident is from 2021. The accused stopped the girl on the pretext of giving a lift and tried to force her. The accused fled when passers -by. The victim’s family then lodged a complaint.
Accused argument in High Court:
The accused challenged this summons of the lower court in the Allahabad High Court. He argued that the complaint against him should be taken seriously. But Section 376 (rape) of the IPC should not be imposed on them.
This big decision of High Court
A single bench of Justice Ram Manohar Narayan Mishra pronounced on 17 March 2025. The High Court clarified that before alleging rape attempt, it should be proved that the act has moved beyond the phase of ‘preparation’ and falls under the category of ‘real effort’.
The court said that
The witnesses did not say that the victim was naked or her clothes were removed.
– It was also not proved that the accused tried to sexually attack the victim.
Will the matter progress under these sections?
According to media reports, the High Court has ordered the removal of Section 376 of the IPC and Section 18 of the Poxo Act. Now the accused will be registered under Section 354 (B) of IPC and Section 9 and 10 of Poxo Act. This decision explains the difference between preparation of crime and real effort of crime. This decision of the High Court can prove to be important in determining the severity of the cases filed in the lower courts and the legal review of the allegations.
